cabot financial and court claim plz help.

[Amethyst]

Re: cabot financial and court claim plz help.

Yep, but we should get this defence sorted anyway.

This part


6. J D Williams is a company that trades as a home shopping retailer under several names, including Fashion World, Gray & Osbourn, Simply Yours House of Bath, Jacamo, Marisota, Oxendales, Simply Be, JD Williams, Fifty Plus, Williams & Brown and High & Mighty.

7. The Defendant recalls having opened an account and/or purchasing goods from Fashion World, Simply Be, Simply Yours in the past and is uncertain as to which account this refers.


What do you reckon?

[flicky14]

Re: cabot financial and court claim plz help.

yeah sounds ok, although I prob had all those accounts at the time lol, I did open a jd Williams account so can I say I don't know which account it is ?

[flicky14]

Re: cabot financial and court claim plz help.

omg omg so sorry hun just seen above post re: defence yep all sounds good, I had numerous accounts with jd Williams hun if that helps simply be, marisota, jd Williams, fifty plus jacamo. but the defence is great so far, thank you so so much xxx

[flicky14]

Re: cabot financial and court claim plz help.

here we go again............. received a letter today back from cabot re my letter to them about not being able to locate my account.


dear flicky
OUR RESPONSE TO YOUR CORRESPONDENCE

I refer to your letter received on 14th july 2014 (this was date of first letter not second)
unfortunately the information provided in your letter does not correspond with any of our records.
we are therefore unable to locate the appropriate account.
please provide further details regarding your client??, such as a cabot reference number or full address ( thought they had that lol to send me letters lol) in order to enable us to locate your account.

we look forward to hearing from you in due course
I trust I have set out our position clearly.

your faithfully
cabot.......

what do I do now??? defence is due on Saturday and still nothing from Mortimer Clarke.........

[flicky14]

Re: cabot financial and court claim plz help.

forgot to say they have sent both my letters back to me with my 1 pound postal order again

[flicky14]

Re: cabot financial and court claim plz help.

is anyone around tonight to help, starting to get my knickers in a twist as defence is so close

[Amethyst]

Re: cabot financial and court claim plz help.

Evening

Sorry it's manic here with Summer Hols and having all the kids at home this week.

The defence is pretty much sorted, so you can complete it and get it submitted tmw. Need to check and add in the dates, do you want to submit by post or email? and do you have a scanner to scan in good copies of the letters sent and received? If so we can add them as exhibits at this stage and print it all to PDF and submit by email/online. If so just put a bit [EXHIBIT A] [EXHIBIT B] etc next to where you mention documents you will include, and make a cover sheet for each Exhibit (I'll dig an example up)

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE No: XXXXXX

BETWEEN:

xxxxxxxxxxxxxxxxxxx

CLAIMANT

And

Flicky

DEFENDANT

__________________________________________________ _________________________
Defence
__________________________________________________ ______

1. The Claim was issued on 30th June 2014 and received by the Defendant on 3rd July 2014.

2. The Claimants statement of case failed to give enough information for the Defendant to plead effectively.

3. The Defendant acknowledged the claim on XXXXXXXXXXX by post to the Northampton County Court.

4. The claim is regarding a consumer credit agreement between J D Williams ("JDW") & the Defendant dated 05/04/2007. The defendant does not have a copy of the agreement and a copy has not been provided by the claimant.

6. J D Williams is a company that trades as a home shopping retailer under several names, including Fashion World, Gray & Osbourn, Simply Yours House of Bath, Jacamo, Marisota, Oxendales, Simply Be, JD Williams, Fifty Plus, Williams & Brown and High & Mighty.

7. The Defendant recalls having opened an account and/or purchasing goods from Fashion World, Simply Be, JD Williams, Jacamo and Simply Yours in the past and is uncertain as to which account this refers.

8. In order to find out more information to assist the Defendant in deciding whether this debt is owed by her she sent a request for further information under Civil Procedure Rules 31.14 requesting inspection of documents disclosed in the statement of case to the Claimant's Solicitors. This was sent on the 8th July 2014 to Mortimer Clarke by recorded delivery and was signed for by the Claimant on the 9th July 2014.

9. This requested copies of the agreement, the assignment and the termination/default.

10: In addition the Defendant formally requested a copy of the original credit agreement, terms and statement of account pursuant to section 78(1) of the Consumer Credit Act 1974. She enclosed a payment of £1 for the statutory fee. This was sent on the 8th July 2014 by recorded delivery to the Claimant Cabot Financial Ltd, and signed for by them on 11th July 2014.

11. The Defendant received a letter from the Claimant on 21st July 2014 stating they were unable to locate the appropriate account to comply with the Defendants request under the Consumer Credit Act. The Defendant is slightly confused by this as the Claimant had issued court papers to her using the same details given in her letter. No account number or reference was given in the claim.

12. The Defendant has resent the request to the Claimant and included a copy of the Particulars of Claim in this case to assist the Claimant.

13. Confusingly the Claimant has responded to that request stating they still are unable to identify the Defendants account.

13. The Claimant has failed to disclose any documents relating to their claim to the Defendant.

14. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

15. The Claimants have also failed to comply with a reasonable request for inspection of documents made under CPR 31.14.

16. The particulars of claim state that the account was assigned from JD Williams to Cabot Financial Ltd on xxxxxxxxxxxxxxxx 2013. The Defendant has not received any notification of this assignment

17 The Claimant is required to prove that a compliant Default Notice pursuant to s87 Consumer Credit Act 1974 was served upon the Defendant.

18. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

19. Should the Claimant evidence their claim properly the Defendant reserves the right to plead further the Claimant to bear the costs of the application for amendment.


Statement of Truth
The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .....................................

[Amethyst]

Re: cabot financial and court claim plz help.

Ahh Kate explained it better http://www.legalbeagles.info/forums/...692#post455692

[flicky14]

Re: cabot financial and court claim plz help.

hi amethyst I,m sorry I know u must b busy, erm I don't have a scanner or printer so was gonna write it and send in the post is that ok?, do I just take photo copies of everything and send that to the court as well?

[flicky14]

Re: cabot financial and court claim plz help.

and do I have to fill out any more parts of the court papers or do I just send it all off to the court, sorry but everything I have done is hand written, but have copies of everything. do I have to send things like the proof of postage ? and thank you again sorry for taking up ur time, I know its hard when u have kids

[flicky14]

Re: cabot financial and court claim plz help.

i have written out the defence and photocopied everything that needs to b sent. do I have to fill out the defence and counter claim part of the court letter?. what happens when the court have my defence?

[flicky14]

Re: cabot financial and court claim plz help.

I,m guessing I tick I dispute the full amount claimed as shown on the claim form. also do I wish to make a claim against the claimant ??:tinysmile_cry_t:

[Amethyst]

Re: cabot financial and court claim plz help.

I,m guessing I tick I dispute the full amount claimed as shown on the claim form. also do I wish to make a claim against the claimant ??:tinysmile_cry_t:

Dispute full amount

No claim against claimant

[Amethyst]

Re: cabot financial and court claim plz help.

i have written out the defence and photocopied everything that needs to b sent. do I have to fill out the defence and counter claim part of the court letter?. what happens when the court have my defence?

Ignore the counterclaim section

Once the court have your defence they will send a copy to the claimants who then have 28 days to say if they wish to continue with the claim or not. You should then receive directions or allocation letter/notice.

[Amethyst]

Re: cabot financial and court claim plz help.

hi amethyst I,m sorry I know u must b busy, erm I don't have a scanner or printer so was gonna write it and send in the post is that ok?, do I just take photo copies of everything and send that to the court as well?

You can do, photocopies of letters etc attached rather than originals yes. If you are posting to the court you should send two copies, so one for the court and one for the claimant.